DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-17 and 27-35 are pending.
Claims 18-26 are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/18/26 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 30 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 30, claim 30 recites, “it” in line 23. Numerous elements are previously introduced and thus, it is unclear as to which this language refers. It appears this language is intended to refer to “each of the recessed sections” and will be interpreted as such.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 11-17, 27-29 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over George (US 2011/0232206) in view of Theophilus (US 2005/0268564) and Hagel (US 2002/0059772).
Re claim 1, George discloses a window well (1), comprising:
the window well (one element 2); and
a modular window well insert (another element 2) which mates with (Fig. 2-3) the window well (one element 2),
wherein the modular window well insert (another element 2) comprises:
a body (body of 2) comprising a rib (5) that correspond to (Fig. 1-2; “correspond” meaning to “closely match” per Merriam-Webster) a rib (5) of the window well (one element 2), and
a flange (36) having a recessed section (Fig. 3: 19/20), the recessed section (19/20) having a depth relative to the flange (16), the depth being substantially the same as (Fig. 3) a wall thickness (of upper 16) of the window well (one element 2); and
wherein replacing the damaged portion (as modified below) includes sliding (Fig. 2, no direction being claimed) the recessed section (19/20) behind a portion (behind 19, as no point of reference for behind is claimed) of the window well (one element 2) without deforming either the window well or the modular window well insert (Fig. 1-3), and fastening (18; [0022] one the right side of Col 2) the modular window well insert (another element 2) to the window well (one element 2),
but fails to disclose the rib of the modular window well insert and the modular window well as a plurality of ribs, a method of repairing, removing a damaged portion, replacing the damaged portion with a modular insert.
However, Theophilus discloses the rib (30) of the modular window well insert (12) and the modular window well (14) as a plurality of ribs (Fig. 1).
It would have been obvious to a person having ordinary skill in the art to modify the window well of George with the rib of the modular window well insert and the modular window well as a plurality of ribs as disclosed by Theophilus in order to increase strength and rigidity, stiffness, and tensile strength, without adding weight, as is the normal and logical purpose of use of a plurality of ribs.
In addition, Hagel discloses a method of repairing ([0002]; see also [0007] disclosing use with window frames), removing ([0014]) a damaged portion (12, 14), replacing ([0016]) the damaged portion (12, 14) with a modular insert (32, 34).
It would have been obvious to a person having ordinary skill in the art to modify the window well of George with a method of repairing, removing a damaged portion, replacing the damaged portion with a modular insert as disclosed by Hagel in order to extend the life of the window well, without needing to replace the entirety thereof. Moreover, it is noted that repairing via replacement of individual components to extend the lifespan thereof is extremely common in the general art, as well as across related arts.
Re claim 2, George as modified discloses the method of claim 1, Hagel discloses wherein the damaged portion (12, 14) is removed from a bottom (bottom of 10 of the window well (10, as modified), and the modular window well insert (32, 34) is attached to the bottom (bottom of 10) of the window well (10, as modified).
Moreover, it is noted that although (per the above), with respect to George, inasmuch as one element 2 is directed to the window well and another element 2 is directed to the modular insert, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of George wherein the damaged portion is removed from a bottom of the window well, and the modular window well insert is attached to the bottom of the window well in order to repair the bottom of the window well and extend the life thereof. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 3, George as modified discloses the method of claim 1, Hagel discloses wherein the damaged portion (12, as modified by Goerge) is removed from a top (top of 14) of the window well (14), and the modular window well insert (12) is attached to the top (top of 14) of the window well (14).
Moreover, it is noted that although (per the above), with respect to Hagel, inasmuch as 12/14 is directed to the damaged portion and 32/34 is directed to the modular insert, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of George as modified wherein the damaged portion is removed from a top of the window well, and the modular window well insert is attached to the top of the window well in order to repair the top of the window well and extend the life thereof. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 4, George as modified discloses the method of claim 1, Hagel discloses wherein the damaged portion (12, 14) of the window well (10; George: one element 2) is removed and replaced with ([0014], [0016]) the modular window well insert (32, 34; George: another element 2) while the window well (10; George: one element 2) remains attached to (Fig. 2-3) a home or other structure (Fig. 3; the remainder of 10 remains attached to the building/structure).
Re claim 5, George as modified discloses the method of claim 4, wherein the modular window well insert (another element 2) and the window well (one element 2) have one or more attachment holes (18), and wherein the one or more attachment holes (18) of the window well insert (another element 2) align with (Fig. 2-3) one or more attachment holes (18) of the window wells (one element 2) when the modular window well insert (another element 2) is mated to (Fig. 2-3) the window well (one element 2).
Re claim 11, George as modified discloses the method of claim 1, wherein the recessed section (19/20) of the modular window well insert (another element 2) is at a top (Fig. 3) of the modular window well insert (another element 2).
Re claim 12, George as modified discloses the method of claim 1, but fails to disclose wherein the recessed section (19/20) has a height within a range of about 10 cm to about 25 cm.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein the recessed section has a height within a range of about 10 cm to about 25 cm in order to provide sufficient overlap with an adjacent unit in order to fit bolts without damaging the remainder of the recessed section. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 13, George as modified discloses the method of claim 1, wherein the modular window well insert (another element 2) comprises one or more tabs (25) and one or more slots (24) that facilitate mating with ([0022]) the window well (one element 2) that also has one or more tabs (25) and one or more slots (24).
Re claim 14, George as modified discloses the method of claim 1, but fails to disclose wherein a body of the modular window well insert has a varying wall thickness.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein a body of the modular window well insert has a varying wall thickness in order to reduce material use, and thus, costs, where strength is not necessarily as important along the body. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 15, George as modified discloses the method of claim 14, wherein the body (of 2) comprises of a plurality of ribs (Theophilus : 30, as modified) and wall surface portions (of 2), but fails to disclose wherein the variable wall thickness of the body is thicker at the ribs than the wall surface portions, the body of the modular window well insert having fewer ribs than the window well.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein the variable wall thickness of the body is thicker at the ribs than the wall surface portion in order to reduce material use at the wall surface portions, and thus, costs, where strength is not necessarily as important along the body. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In addition, it would have been obvious to a person having ordinary skill in the art to modify the method of George with the body of the modular window well insert having fewer ribs than the window well in order to reduce material by making the insert smaller, and thus, reduce costs. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 16, George as modified discloses the method of claim 1, but fails to disclose wherein the recessed section of the modular window well insert is on a bottom of the modular window well insert, which mates to a top section of the window well.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of George wherein the recessed section of the modular window well insert is on a bottom of the modular window well insert, which mates to a top section of the window well in order to connect to the window well on the other end thereof. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 17, George as modified discloses the method of claim 1, wherein the modular window well insert (another element 2) comprises two recessed sections (19/20; [0021] disclosing these features on “each” element 16), one recessed section (19/20) being on a top (Fig. 3) of the modular window well insert (another element 2), but fails to disclose the other recessed section being on a bottom of the modular window well insert.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of George wherein the recessed section of the modular window well insert is on a bottom of the modular window well insert, which mates to a top section of the window well in order to connect to the window well on the other end thereof. It has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
Re claim 27, George as modified discloses the method of claim 1, but fails to disclose wherein the modular window well insert is composed of (i) a fiber reinforced plastic, (ii) steel, (iii) aluminum, or (iv) another metal.
However, Theophilus discloses wherein the modular window insert (12) is composed of (i) a fiber reinforced plastic, (ii) steel ([0021]), (iii) aluminum, or (iv) another metal.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of George wherein the modular window well insert is composed of (i) a fiber reinforced plastic, (ii) steel, (iii) aluminum, or (iv) another metal as disclosed by Theophilus in order utilize a durable, strong, easy to manufacture, readily available material. In addition, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331
Re claim 28, George as modified discloses the method of claim 1, wherein the modular window well insert (another element 2) and the window well (one element 2) have one or more attachment holes (18), and wherein the one or more attachment holes (18) of the window well insert (another element 2) align with (Fig. 2-3) one or more attachment holes (18) of the window wells (one element 2) when the modular window well insert (another element 2) is mated to (Fig. 3) the window well (one element 2).
Re claim 29, George as modified discloses the method of claim 1, but fails to disclose wherein a height of the modular window well insert ranges from about 15 cm to about 150 cm.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein a height of the modular window well insert ranges from about 15 cm to about 150 cm in order to provide sufficient sizing to form a rigid, durable high enough, window well. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 34, George as modified discloses the method of claim 1, wherein the flange (16) is positioned at an end (Fig. 3) of the body (of 2), wherein the flange (16) extends along the end (of 2) of the body (2) in a direction perpendicular (vertically and/or into/out of the thickness direction) to the plurality of ribs (one side of 5).
Re claim 35, George as modified discloses the method of claim 1, wherein the recessed section (19/20) is positioned at an end (Fig. 3) of the flange (16).
Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over George (US 2011/0232206) in view of Theophilus (US 2005/0268564), Hagel (US 2002/0059772) and Kim et al (“Kim”) (US 2003/0097802).
Re claim 6, George as modified discloses the method of claim 1, but fails to disclose wherein the modular window well insert is composed of a fiber reinforced plastic.
However, Kim discloses wherein the modular window well insert (George: one element 2) is composed of a fiber reinforced plastic (Claim 1).
It would have been obvious to a person having ordinary skill in the art to modify the method of George wherein the modular window well insert is composed of a fiber reinforced plastic (as suggested as a known material in the use of the window well field per Kim) in order to provide energy efficiency, high durability and low maintenance, as all are well-known benefits of fiber reinforced plastics. In addition, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Re claim 7, George as modified discloses the method of claim 6, but fails to disclose wherein at least some fibers within the fiber reinforced plastic have a length of greater than 20 mm.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein at least some fibers within the fiber reinforced plastic have a length of greater than 20 mm (as suggested material of fiber reinforced plastic per Kim) in order to provide energy efficiency, high durability and low maintenance, as all are well-known benefits of fiber reinforced plastics. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 8, George as modified discloses the method of claim 6, but fails to disclose wherein at least some fibers within the fiber reinforced plastic have a length of greater than 40 mm.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein at least some fibers within the fiber reinforced plastic have a length of greater than 40 mm (as suggested material of fiber reinforced plastic per Kim) in order to provide energy efficiency, high durability and low maintenance, as all are well-known benefits of fiber reinforced plastics. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claims 9, George as modified discloses the method of claim 6, but fails to disclose wherein the fiber reinforced plastic is a thermoplastic.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein the fiber reinforced plastic is a thermoplastic (as per Kim, disclosing injection molded plastic) in order to allow for simple molding into desired shapes/sizes. In addition, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Re claims 10, George as modified discloses the method of claim 6, but fails to disclose wherein the fiber reinforced plastic is a thermoset plastic.
However, it would have been obvious to a person having ordinary skill in the art to modify the method of George wherein the fiber reinforced plastic is a thermoset plastic (as per Kim, disclosing injection molded plastic) in order to allow for simple molding into desired shapes/sizes. In addition, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over George (US 2011/0232206) in view of Hagel (US 2002/0059772) and Theophilus (“Theophilus 2”) (US 2007/0006537).
Re claim 30, George discloses a window well (1), comprising:
providing (Fig. 1-3 showing one element 2 provided) a window well (one element 2) comprising a window well body (body of 2), wherein the body (body of 3) a rib (one side of 5) and a corresponding groove (5, from the other side) interposed between (Fig. 1-3) a plurality of wall surface portions (of 2), the rib (one side of 5) being positioned between (Fig. 2) two different wall surface portions (2A, 2B) of the plurality of wall surface portions (of 2); and
providing (Fig. 1-3 showing another element 2 provided) a modular window well insert (another element 2) comprising a modular window well insert body (body of 2) and a plurality of flanges (16) each having a recessed section (19/20), wherein the modular window well insert body (body of 2) comprises a second rib (one side of 5) and a second corresponding groove (the other side of 5) interposed between a second plurality of wall surface portions (of 2), the second rib (one side of 5) being positioned between (Fig. 2) two different wall surface portions (of 2) of the second plurality of wall surface portions (of 2);
wherein the modular window well insert (another element 2) is initially separate from (Fig. 1-3, prior to assembly) the window well (one element 2), but is configured in size and shape (Fig. 1-3) to be attached to (Fig. 3) the window well (one element 2), the modular window well insert (another element 2) and the window well (one element 2) having a generally matching width and depth (Fig. 2), wherein a portion of a face (Fig. 3) of the modular window well insert (another element 2) overlaps (Fig. 3) a portion of a face (Fig. 3) of the window well (one element 2) when attached (Fig. 3), and replacing the damaged portion (per the below) of the window well (one element 2) includes sliding a recessed portion (19/20) of the modular window well insert (another element 2) behind (Fig. 3) the window well (one element 2);
wherein the modular window well insert (another element 2) includes a plurality of attachment holes (18) located on the flanges (16);
wherein each of the recessed portions (19/20) has a depth (Fig. 3) relative to the flange (16) from which it extends (Fig. 3), the depth (Fig. 3) being substantially the same as (Fig. 3) a wall thickness (of portion 16) of the window well (one element 2); and
wherein the modular window well insert (another element 2) is coupled to (Fig. 3) the window well (one element 2) by a plurality of fasteners ([0021]) placed in the attachment holes (18), so as to couple (Fig. 3, [0021]) the modular window well insert (another element 2) to the window well (one element 2),
but fails to disclose a method of repairing, removing a damaged portion, replacing the damaged portion with a modular insert, the rib of the window well and groove of the window well as a plurality of ribs and grooves, the rib of the window well insert and groove of the window well insert as a plurality of ribs and grooves, the fasteners as screws or bolts, wherein at least two ribs in the modular window well insert mate with at least two ribs in the window well.
However, Hagel discloses a method of repairing ([0002]; see also [0007] disclosing use with window frames), removing ([0014]) a damaged portion (12, 14), replacing ([0016]) the damaged portion (12, 14) with a modular insert (32, 34).
It would have been obvious to a person having ordinary skill in the art to modify the window well of George with a method of repairing, removing a damaged portion, replacing the damaged portion with a modular insert as disclosed by Hagel in order to extend the life of the window well, without needing to replace the entirety thereof. Moreover, it is noted that repairing via replacement of individual components to extend the lifespan thereof is extremely common in the general art, as well as across related arts.
In addition, Theophilus 2 discloses the rib (30) of the window well (14) and groove (28) of the window well (14) as a plurality of ribs (30) and grooves (28), the rib (30) of the window well insert (12) and groove (28) of the window well insert (14) as a plurality of ribs (30) and grooves (28), wherein at least two ribs (28 being a rib depending on point of view, see Fig. 3) in the modular window well insert (12) mate (Fig. 3) with at least two ribs (30 being a rib, 28 being a rib in the opposite direction, 26 being a rib) in the window well (14).
It would have been obvious to a person having ordinary skill in the art to modify the window well of George wherein at least two ribs in the modular window well insert mate with at least two ribs in the window well as disclosed by Theophilus 2 in order to provide increased strength and rigidity between the connection of the window well and the window well insert through an increased degree of overlap therebetween, and through use of additional ribs and grooves.
In addition, Theophilus 2 discloses the fasteners (66, 56) as screws or bolts (66, 56; [0025]-[0026]).
It would have been obvious to a person having ordinary skill in the art to modify the window well of George with the fasteners as screws or bolts as disclosed by Theophilus 2 in order to provide releasable, yet secure fastening, using simple, readily available, and inexpensive fasteners, as screws and bolts are extremely well-known and common in the art.
Allowable Subject Matter
Claim(s) 31-33 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 (for the reasons stated in the previous rejection) is hereby withdrawn.
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are moot as they do not apply to any of the combination of reference relied upon in the above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
Prosecution Insights